Your driver’s license can be suspended in your home state if your Nevada DUI case is not handled properly. The Interstate Compact
provides all 50 states the authority, accountability, and resources to track the supervision of offenders who move across state lines. Therefore, if the circumstances of your DUI warrant license suspension, then you may have that penalty extend to your home state as well. Luckily, a Nevada DUI attorney can help negotiate your charges and position your case for the best possible outcome. An out-of-state DUI can potentially be reduced to reckless driving or even dropped completely.
Will A DUI Conviction In Nevada Count Towards A Felony DUI Enhancement In My Home State? Or Will My Home State DUI Be Used As A DUI Enhancement In Las Vegas?
It is likely that a conviction in Nevada can be used as an enhancement in your home state. Each state is different and this is a complex issue that is state-specific.
If you have a DUI in another state that can be used as an enhancement in Nevada, especially as it pertains to a felony enhancement for a third DUI offense.
To sustain a felony conviction for DUI in Nevada based on an out-of-state DUI conviction, the other state's statute must punish the same or similar conduct as that proscribed by Nev. Rev. Stat. § 484C.110
. That issue is a question of law; therefore, an appellate court reviews it de novo. The criminalized conduct need not be identical in order to satisfy § 484C.410(1)(d)
. The conduct may merely be the same "kind or species."
For example, Utah prohibits driving while incapable of safely operating a vehicle due to alcohol consumption. Utah Code Ann. § 41-6-44(2)(a) (1998)
. Nevada prohibits driving under the influence of intoxicating liquor. Nev. Rev. Stat. § 484C.110(1)
. Both states prohibit driving with a blood-alcohol concentration at or above 0.08. Utah Code Ann. § 41-6-44(2)(a)
. Additionally, both states classify a third offense within a statutorily prescribed recidivism window as a felony, the only difference being that Nevada's recidivism window is seven years, Nev. Rev. Stat. § 484C.400(1)(c)
, while Utah's recidivism window is 10 years, Utah Code Ann. § 41-6-44(6)(a)(i)
. The length of the recidivism window, however, does not change the offending conduct. Because Utah's DUI recidivism statute prohibits the same or similar conduct as Nev. Rev. Stat. § 484C.110(1)
and Nev. Rev. Stat. § 484C.400(1)(c),
a Utah felony conviction satisfies Nev. Rev. Stat. § 484C.410(1)
's mandate that the offense be deemed a Category B felony.
Unfortunately, Nevada does not allow for expungements of criminal cases. If you have a misdemeanor DUI you can get the file sealed after seven years from the date your case was closed.
Felony DUIs can not be sealed in Nevada, they stay on your permanent record forever. You can apply for a pardon from the governor, but that does not remove the crime from the public eye, it merely allows for forgiveness of the offense.
Below is the statutory time frame for sealing criminal offenses in Nevada:NRS 179.245
Sealing records after conviction: Persons eligible; petition; notice; hearing; order.
1. Except as otherwise provided in subsection 5 and NRS 176A.265
, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484C.110
other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018
other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
You must petition the court to have your criminal case sealed it does not automatically occur seven years after your case is closed.
If your case is dismissed you can have your file sealed immediately.
What If I Live Outside Of The U.S. And Get Arrested For DUI In Nevada?
Most of the time, international tourists facing DUI charges in Las Vegas do not have to return to the US for court as long as they hire a local attorney to represent them. Although trials for DUI charges are rare, if your case is taken to court, you most likely will be required to be present for the trial.
It’s also worth noting that foreign defendants should speak with their DUI defense attorney regarding potential consequences that may affect their ability to return to the US. It’s highly recommended that international defendants respond to DUI charges promptly. If an international DUI is ignored, a Nevada judge could issue a bench warrant for your arrest. This could have nightmarish consequences for immigrants hoping to obtain a US visa in the future.
Yes. If you retain the Spartacus Law Firm as legal counsel, you are never required to come into the office, though you are welcome to. We offer free phone consultations for all clients, and if you retain our firm to represent you we will send you a retainer agreement via mail or email. We can discuss your case over the phone or zoom, and all relevant discovery documents can be emailed or mailed to you at your home address. Our attorneys can take care of everything else on your behalf.
Dealing with a criminal charge is difficult enough and our law firm seeks to make the process as easy and stress-free as possible.